RP047_24 INV.pdf

RP001-22

September 25, 2024

REQUEST FOR PROPOSAL

RP047-24

The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified service providers for Provision of Online and Toll-Free Court Payment Services on an Annual Contract for the Gwinnett County Recorder’s Court.

Proposals must be returned in a sealed container marked on the outside with the Request for Proposal number and Company Name. Proposals will be received until 2:50 P.M. local time on October 16, 2024, at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any proposal received after this date and time will not be accepted.

Proposals will be publicly opened and only names of submitting firms will be read at 3:00 P.M. A list of firms submitting proposals will be available the following business day on our website www.gwinnettcounty.com.

A virtual pre-proposal conference is scheduled for 2:00 P.M. on October 3, 2024. To access, dial 1-408- 418-9388, enter Access Code 2343 651 5263. All proposers are strongly urged to attend.

Questions regarding proposals should be directed to Michael Milstein, Purchasing Associate II at Michael.Milstein@GwinnettCounty.com no later than 3:00 P.M. October 7, 2024. Proposals are legal and binding upon the bidder when submitted. One unbound, single sided, original and five (5) bound copies , and one(1) electronic copy. All copies must be identical. Do not submit cost with electronic copy.

Successful consultants will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department and must have an A.M.

Best rating of A-5 or higher.

Gwinnett County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County Government should be directed to the ADA Coordinator at the Gwinnett County Justice and Administration Center, 770-822-8165.

The written proposal documents supersede any verbal or written prior communications between the parties.

Selection criteria are outlined in the request for proposal documents. Gwinnett County reserves the right to reject any or all proposals to waive technicalities, and to make an award deemed in its best interest.

Award notification will be posted after award on the County website, www.gwinnettcounty.com and companies submitting a proposal will be notified via email.

We look forward to your proposal and appreciate your interest in Gwinnett County.

Michael Milstein Purchasing Associate II http://www.gwinnettcounty.com/ mailto:Michael.Milstein@GwinnettCounty.com

RP047-24 Page 2

Gwinnett County Request for Proposals (RFP)

Bus Shelter Advertising, Installation and Maintenance Services

A. GENERAL BACKGROUND INFORMATION

The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals for the Provision of Online and Toll-Free Court Payment Services on an Annual Contract on behalf of the Gwinnett County Recorder’s Court. It is the County’s desire to contract with one service provider to provide seamless and convenient online payment services to the clients of the Gwinnett County Recorder’s Court in order for them to be able to pay their traffic tickets and citations using credit cards, debit cards, electronic cards, electronic check (ACH) payment or by utilizing a cash payment.

Recorder's Court handles traffic citations that are written by the Gwinnett County Police Department, Gwinnett County Sheriff's Department, Georgia Department of Driver Services, and the Georgia Department of Transportation. Recorder's Court also handles all Gwinnett County code ordinance violations, such as citations written by Gwinnett County Animal Control, the Planning and Zoning/Inspection Department, the Business License Department, and the Environmental Health Department. The Gwinnett County Recorder’s Court Clerk’s Office received more than 58,386 citations last year.

By submitting a proposal service providers certify that they are qualified, capable, and otherwise responsive and responsible business entity that has not filed bankruptcy and have adequate technical and financial resources to meet the performance of the services being requested. They are certified as in compliance with all payment card industry standards (PCI) and will remain so throughout the life of the contract. Service providers submitting a proposal must clearly demonstrate its ability to not only provide a comprehensive solution, but also maintain a high level of court client service.

Firms are encouraged to submit clear and concise responses and excessive length, extraneous information is discouraged. In an effort to ensure our ability to evaluate and choose a successful service provider for this project, respondents are encouraged to be responsive to the specific range of issues requested in this solicitation. Submission of excessive “boiler plate” information, including sales brochures, is discouraged, unless an example is requested.

All costs related to the preparation and submission of the proposal shall be borne by the service provider.

BACKGROUND INFORMATION

In 2023 there were 18,181 web payments, 3,999 IVR payments and 395 payments made to live agents totaling $3,061,051. The County’s current internet payment system can be viewed at:

http://gwinnettrecorderscourtpmts.com.

B. SUCCESSFUL SERVICE PROVIDER

Gwinnett County Recorder’s Court has implemented (Journal Technologies eCourt Version 2021.17-LTS) case management system (CMS) as the system of record. The proposed online payment system must be able to integrate and update with the system on a daily basis for all payments received. All services including integration with the court’s case management system is to be provided at no cost to the Court or County.

It will be the service provider’s responsibility to assure compatibility of the County’s data files and transmittal medium to the service provider’s computer system. The service provider shall bear all costs if necessary, for data conversion to make the system compatible with that of the service provider and any incidental costs related to the data transfer.

All information supplied by the County to the service provider shall be kept confidential and not disclosed to parties other than the service providers’ employees on a need to know basis for the purpose of contract performance and to the defendant or court client.

The online payment service must be available for use by the court clients to pay their traffic tickets and citations on a 24-hour basis every day of the week including evenings, weekends, and holidays.

http://gwinnettrecorderscourtpmts.com/

RP047-24 Page 3

The service provider is responsible for designing and seeking the County’s approval to modify the web page to provide information and links to the online portal. The modified portal will be designed in such a manner that the “look and feel” for the paying client when entering information and is one that is as if they are entering information and paying on the or through the Court’s website. This will consist of building, hosting and maintaining a court-specific website with a unique URL approved by the Court. A link taking court clients to a third party portal is not preferred.

The service provider must accept payments made with MasterCard, Visa, Discover and American Express credit cards.

The service provider must accept online peer-to-peer payments (ie. PayPal or a similar e-commerce company) to accommodate un-bankable individuals that maintain a cash balance within their payment account(s).

The service provider should supply marketing material to help promote the various payment options. This material will be distributed to the court client by the court clerks to serve as a reminder to pay and to ease the payment process. The service provider should supply sample marketing material with their response to this proposal.

The service provider must offer multiple payment options, such as a one-time payment, partial payment or a recurring payment.

It will be the service provider’s responsibility to absorb all costs associated with chargebacks or refunds.

The service provider must process all payment refunds where applicable when requested by the clerk’s office.

The service provider must provide daily payment to court via ACH transfer with no ACH transfer fees. Must be able to validate ABA routing and transit numbers for ACH payments on a real-time basis.

The service provider online payment system solution must be able to generate daily and monthly reports as listed under technical consideration along with other data exchanges outlined in the questionnaire.

INSURANCE

Successful Service Provider is required within ten (10) days of the Notice to Award to provide the following:

(i) Certificate of Insurance as specified in the proposal documents.

(ii) Two (2) properly executed contract documents.

(iii) Proof of PCI Compliance

Failure to provide the above documents within ten (10) days may be just cause for the annulment of the award. At the discretion of the County, the award may then be made to the next highest scoring responsive and responsible proposer.

PROPOSAL FORMAT CONTENT

Proposals should include the following:

Section One – Service Provider Experience/Qualifications/Project Understanding - Up to 15 Points

Service Provider should include but not limited to:

1. An executive summary with background information on firm, including number of years in business, location etc.

2. Demonstrated project understanding and knowledge of and the ability to support the entire scope of work, information on service provider’s resources and ability to deliver the required services. How many staff will be assigned to the contract and in what capacity/role will they serve. What is their experience

RP047-24 Page 4 and qualifications? Employees should be directly employed with the firm unless subcontractors are necessary to be utilized during implementation with no more of a 75/25 ratio. Please state this ratio and how many will be directly employed with the firm and how many will be utilized as subcontractors?

3. What role does the service provider expect the County staff to have in implementation?

4. The service provider should supply marketing material to help promote the various payment options. This material will be distributed to the court client by the court clerks to serve as a reminder to pay and to ease the payment process. Submit sample marketing material for payment types in this section.

5. What is the financial stability of the firm? Firms should list any litigation the firm or any parent firm has been in or is currently involved in and state the status and/or the outcome or confirm they have never been involved in any litigation.

Section Two – Response to Specifications and Requirements Questionnaire – Up to 30 Points

1. The service provider to return the enclosed questionnaire with all questions answered yes or no

Section Three - Technical Considerations – Up to 25 Points

1. Provide a clear and complete response of the proposed internet payment system. This should Include describing the major facts or features of the service provider’s proposal, including any conclusions, assumptions, exceptions, and specific recommendations.

2. Submit a conversion plan from the current system that includes a timeline, plan for exchange of data, security and reliability, expertise level, and overall transition plan. The description should be sufficient to enable the evaluation committee to determine that the proposal satisfies the proposal requirements and meets the needs of Recorder’s Court.

3. Submit Examples of Reports

Section Four - Value Added Services/Quality Assurance – Up to 20 Total Points

Value Added Services– Up to 10 Points

1. Does the service provider include any services above and beyond the scope with their payment system that sets their system apart?

Quality Assurance - Up to 10 Points

2. Define the techniques, procedures, and methodologies that will be used to assure timely and quality implementation of the payment system that meets specified requirements within the project resources.

Including but not limited to: How often will the team update County personnel? Through what method/means of communication will updates occur? etc. How and when does the service provider determine that the system is implemented successfully?

Section Five - References – Up to 10 Points Service Provider to return enclosed reference page. Additional Points will be taken into consideration for references that have prior experience with traffic court and Spanish/English bi-lingual court client service prior experience and similar size jurisdictions.

Section Six – Required Forms In this section service providers to return the PCI Compliance Page, Service Provider Information Page, Contractor Affidavit, Code of Ethics Affidavit and Agreement.

Section Seven - Fee Schedule (To be submitted in a separately sealed envelope) – Up to 10 Points Please complete the Fee Schedule and place in a separate sealed envelope properly marked with the proposal number, company name, and RFP due date. The attached fee schedule should be used.

C. EVALUATION CRITERIA SUMMARY

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CRITERIA POINTS

1. Service Provider Experience/Qualifications/Project Understanding 15 points

2. Response to Specifications and Requirements Questionnaire 30 points

3. Technical Considerations 25 points 4.Quality Control/Quality Assurance 20 points

5. References 10 points

SUBTOTAL 100 points Fee Schedule(to be submitted in a SEPARATE SEALED ENVELOPE) To include all fees to be paid by the citizens.

10 points

Optional Interview/Presentation 10 points MAXIMUM POINTS 120 points

The proposals will be evaluated in order to select the firms which rate highest according to the criteria elaborated in items 1-5 above. The selection committee may then short list the highest scoring firms.

The fees of the short listed firms will then be opened and scored. The highest scoring firm may be selected at this point, or the committee may invite a number of the highest scoring firms for an interview/demonstration. The number of firms short listed and interviewed, if any, will be at the discretion of the selection committee.

If an interview/demonstration is requested, it will be worth an additional 10 points in the selection process. The service provider will be responsible for any cost associated with the request for additional information and/or an interview/ demonstration. The County will then negotiate will the highest scoring firm in an effort to reach an agreement. If an agreement cannot be reached the County reserves the right to continue to the next highest scoring firm until an agreement can be made.

GENERAL INFORMATION/REQUIREMENTS

A. Individuals, firms, and business seeking an award of a Gwinnett County contract may not initiate or continue any verbal or written communications regarding a solicitation with any County officer, elected official, employee, or other County representative without permission of the Purchasing Associate named in the solicitation between the date of the issuance of the solicitation and the date of the final contract award by the Board of Commissioners. Violations will be reviewed by the Purchasing Director. If it is determined that such communication has compromised the competitive process, the offer submitted by the individual, firm, or business may be disqualified from consideration for award.

B. Proposals shall be addressed to Gwinnett County Purchasing Division, Gwinnett County Justice &

Administration Center, Second Floor, 446 West Crogan Street, Lawrenceville, Georgia 30046 and shall be identified with the proposal number, date of opening, and company name.

C. Proposals submitted are not publicly available until after award by the Gwinnett County Board of

Commissioners. All technical proposals and supporting materials submitted, as well as correspondence relating to this RFP, become property of Gwinnett County when received.

D. Gwinnett County reserves the right to reject any or all proposals, in whole or in part, to negotiate changes in the scope of services and to waive any technicalities as deemed in its best interest.

Failure to provide the above documents within ten (10) days may be just cause for the annulment of the award. At the discretion of the County, the award may then be made to the next highest scoring responsible proposer.

RP047-24 Page 6 FAILURE TO RETURN THIS PAGE AS PART OF YOUR PROPOSAL DOCUMENT MAY RESULT IN REJECTION OF

PROPOSAL.

SERVICE PROVIDER NAME________________________________________________________________________________

D. SPECIFICATIONS AND REQUIREMENTS QUESTIONNAIRE – SECTION TWO

a. Service Provider

1. The County has implemented Journal Technologies eCourt case management system (CMS) as the system of record. The proposed online payment system must be able to integrate and update with the system on a daily basis for all payments received. All services including integration with the court’s case management system to be provided at no cost to the Court or County. Can the service provider meet this specification?

YES NO

2. The online payment service must be available for use by the court clients to pay their traffic tickets and citations on a 24-hour basis every day of the week including evenings, weekends, and holidays.

and accept payments made with MasterCard, Visa, Discover and American Express credit cards.

Can the service provider meet this specification?

3. The service provider is responsible for designing and seeking the County’s approval to modify the web page to provide information and links to the online portal. The modified portal will be designed in such a manner that the “look and feel” for the paying client when entering information and is one that is as if they are entering information and paying on the or through the Court’s website. This will consist of building, hosting and maintaining a court-specific website with a unique URL approved by the Court. A link taking court clients to a third party portal is not preferred. Can the service provider meet this specification?

4. The service provider must accept online peer-to-peer payments (ie. PayPal or a similar e-commerce company) to accommodate un-bankable individuals that maintain a cash balance within their payment account(s). Can the service provider meet this specification?

5. The awarded service provider must continue to use the current phone number 1-877-794-0988 for phone payments. The service provider must be willing to port this number from the current service provider. Can the service provider meet this specification?

6. The service provider should supply marketing material to help promote the various payment options. This material will be distributed to the court client by the court clerks to serve as a reminder to pay and to ease the payment process. The service provider should supply sample marketing material with their response to this RFP. Can the service provider meet this specification?

7. The service provider should offer multiple payment options, such as a one-time payment, partial payment or a recurring payment. Can the service provider meet this specification?

8. It will be the successful service provider’s responsibility to absorb all costs associated with chargebacks or refunds. Can the service provider meet this specification?

9. The service provider must process all payment refunds where applicable when requested by the clerk’s office. Can the service provider meet this specification?

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SERVICE PROVIDER NAME________________________________________________________________________________

10. The service provider must provide daily payment to court via ACH transfer with no ACH transfer fees. Must be able to validate ABA routing and transit numbers for ACH payments on a real-time basis. Can the service provider meet this specification?

11. The service provider must be responsible for the administration and processing costs associated with this service and the payments. Can the service provider meet this specification?

12. The service provider must provide a two way electronic exchange of data between the service provider’s system and the court’s CMS. Integration will be through SOAP web services. Can the service provider meet this specification?

13. The service provider should provide necessary disclaimers or similar notices on the website that is approved by the court. Can the service provider meet this specification?

14. The service provider must provide a toll-free or local court client service number for court staff from 8 a.m. to 5 p.m. eastern standard time to address technical issues and for management of charge backs, retrieval requests, credits, refunds and adjustments on incorrectly charged amounts. Can the service provider meet this specification?

b. System

15. Does the proposed system provide clear instructions to the court client on the website?

16. Does the proposed system allow the court client to access the website and be instructed to enter his/her name, date of birth, citation number, case number, driver’s license number and/or tag number? The court client must be able to provide at least two of these unique identifiers to access their ticket or citation. Does the proposed system allow this?

17. In the event that the ticket or citation requires a court appearance and cannot be paid online or by phone, the proposed system should provide instructions on when and where to appear. Does the proposed system provide this instruction?

18. The system should allow the court client to view the alleged violation, court date, the courtroom assignment, the amount due, and select to pay by credit or debit card if a court appearance is not required. Does the proposed system provide this instruction?

19. The system must inform the court client of the convenience fee before any final transaction is processed. If the proposed system incurs a convenience fee this must be stated on the fee schedule. Does the proposed system inform the court client of the convenience fee before the final transaction is processed?

20. The system must provide the court client with the citation amount, the convenience fee amount, RP047-24 Page 8

SERVICE PROVIDER NAME________________________________________________________________________________ and the total amount due. Does the proposed system provide the total amount due?

21. Does the proposed system allow the court client to select credit card type and input his/her credit card account number and expiration date?

22. If the transaction is authorized, a printable confirmation page must be provided and a copy of the receipt should be emailed to the court client. Each transaction and receipt must have a unique receipt number that is generated from the court’s case management system and sent to the payer via the service provider. Does the proposed system provide this capability in the current state?

23. If the credit card authorization is denied, the system must immediately inform the court client that the payment did not go through on a real time basis. Does the proposed system provide this notification?

24. The system must display necessary disclaimers approved by the Court (i.e., that payment on-line is an admission of guilt, etc.). Does the proposed system provide this notification?

25. The system must be able to accept partial payments on cases that have a disposition. However, it should not take a partial payment on a case that has not been disposed of. Court client with more than one violation on the case docket will be required to pay all citations simultaneously.

Does the proposed system allow for this or not allow if the case has not been disposed of?

26. The system should include Short Messaging Service (SMS) for outbound notifications for payment reminders, court date reminders, and failure to appear notices. Does the proposed system provide this notification?

RP047-24 Page 9

Technical Consideration- SECTION THREE

1. Provide a screenshot sample of website instructions with your proposal submittal.

2. Reports and Reporting Capability - The service provider should provide a sample reconciliation report and a sample transaction detail report with their proposal submittal.

3. The service provider system solution must be able to generate daily and monthly report to include but not limited to reconciling client charges, payments received, remittances made to the County, and must provide a dashboard for reporting purposes that allows the court to run a detailed transaction report and a reconciliation report. The data in this dashboard should be accurate and real time data.

4. Payments to the Court to be accompanied by a full reconciliation report detailing all transactions that took place within the payment period. This report shall have the option to be run for specific date ranges including multiple and single dates. This report must include the following data:

1. Case number

2. Citation number

3. Defendant’s name

4. Current or previous court date

5. The payment amount that was applied to the case.

6. Receipt number that was generated by the courts CMS and passed back to the service provider

7. Time and date of payment

8. Tally funds collected for the specified time period

9. Be exportable to excel and a pdf file

*Sample of the report attached to this proposal document.

5. The service provider must provide a transaction detail report that includes the following payee card information:

1. Name of payee

2. Partial card number

3. Date and time the payment was made to the service provider

*Sample of the report is attached to this proposal document.

6. The service provider’s submittal should include a detailed description of how the online and phone services will be provided, data and court fund security, details of any end-user fees, court fund disbursement details, and any other information necessary to fully evaluate your service.

7. The service provider should include technology that utilizes smart phones to remind drivers of upcoming court events.

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SECTION FIVE - REFERENCES

References: Gwinnett County requests that proposers provide Three (3) references where services of similar size and scope have been provided. A higher score may be given to references that are other traffic courts and provision of a bilingual court client service representative in Spanish and English. See attached reference form.

1. Company Name

Brief Description of Project

Completion Date

Contact Person

Telephone Facsimile

E-Mail Address

Was This Traffic Court?

Bi-Lingual Court Client Service Spanish/English?

2. Company Name

3. Company Name

SERVICE PROVIDER NAME__________________________________________________________________________________

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SECTION SIX - FORMS

PCI COMPLIANCE

The successful service provider must be and remain PCI Compliant for the duration of the contract, including any updated PCI Standards.

Credit and Debit cardholder data and bank account information MUST be stored in a secure, encrypted format that complies with the Payment Card Industry Data Security Standard (PCI DSS) within the selected service provider’s system.

Gwinnett County will monitor compliance with the above requirements annually. In the event that County data for which the Service Provider is responsible is compromised, the Service Provider will be responsible for costs, penalties, and fees incurred if Service Provider is determined to be noncompliant at the time of the breach.

Payment Card Industry Data Security Standard (PCI DSS) Acknowledgement

A firm that processes, transmits, and stores cardholder data in the performance of services provided to the County, is therefore considered a Service Provider under Requirement 12 of the PCI DSS and is required to adhere to the Payment Card Industry Data Security Standard (PCI DSS) promulgated by the PCI Security Standards Council. The PCI DSS requires that the Service Provider maintain a written agreement that includes an acknowledgement that the Service Provider is responsible for the security of cardholder data that the Service Provider possesses and that the Service Provider maintain a program to monitor the Service Provider’s PCI DSS compliance status. In addition, the Successful Service Provider will supply the current status of PCI DSS compliance status, and evidence of its most recent validation of compliance upon notification of award to the County. It is incumbent upon the Service Provider to supply to County a new status report and evidence of validation of compliance at least annually upon date of contract. This status report must be sent to the attention of the Clerk of Recorder’s Court by the contract renewal date each and every year the contract is renewed.

Further, the Service Provider will immediately notify the County if it learns that it is no longer PCI DSS compliant and will immediately provide the County with the steps being taken to remediate the noncompliance status. In no event should Service Provider’s notification to County be later than seven (7) calendar days after Service Provider learns it is no longer PCI DSS compliant. The Service Provider acknowledges that any indemnification provided for under the reference contract applies to the failure of the Service Provider to be and to remain PCI DSS compliant.

Firm is PCI COMPLIANT____________________________________________________________ Authorized Representative’s Signature Date

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SECTION SEVEN - FEE SCHEDULE

TO BE SUBMITTED IN A SEPARATE SEALED ENVELOPE

Description

State The Dollar Amount Charged To The Court Client Per Transaction $ State The Minimum Transaction Amount If Applicable $

And/or State The Percentage Based Fee To The Court Client Per Transaction %

State The Minimum Transaction Amount If Applicable $ Based On Above Pricing, Please Price The Example Below

A Court Client Calls Customer Service Line To Make A Payment Via Credit Card For A $130 Transaction. The Fee The Court Client Would Pay In Addition To The $130 Would Be A Total Of

NOTE: If any other fees are associated with your service, this information must be included in your submittal (within the separate sealed envelope). State Any other transaction Fees Below:

If a percentage increase or decrease will be a part of this proposal, please circle increase or decrease in the space provided together with an explanation.

Will Service Provider Hold Pricing Firm/Decrease Option One: Increase/Decrease Will Service Provider Hold Pricing Firm/Decrease Option Two: Increase/Decrease Will Service Provider Hold Pricing Firm/Decrease Option Three: Increase/Decrease Will Service Provider Hold Pricing Firm/Decrease Option Four: Increase/Decrease

Termination for Cause: The County may terminate this agreement for cause upon ten days prior written notice to the contractor of the contractor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to any of the County’s rights or remedies by law.

Termination for Convenience: The County may terminate this agreement for its convenience at any time upon 30 days written notice to the contractor. In the event of the County’s termination of this agreement for convenience, the contractor will be paid for those services actually performed. Partially completed performance of the agreement will be compensated based upon a signed statement of completion to be submitted by the contractor, which shall itemize each element of performance.

FIRM INFORMATION

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This page should be submitted in both the Proposal Document and the Fee Proposal Documents.

The undersigned acknowledges receipt of the following addenda, listed by number and date appearing on each:

Addendum No. # Date

Certification Of Non-Collusion in Proposal Preparation

(Signature) (Date)

The County requires that all who enter a contract for the physical performance of services with the County must satisfy O.C.G.A. § 13-10-91 and Rule 300-10-1-.02, in all manner, and such are conditions of the contract. In compliance with the attached specifications, the undersigned offers and agrees, if this quote is accepted by the Board of Commissioners within one-hundred-twenty (120) days of the date of proposal opening, to furnish any or all the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the quote schedule. By submission of this proposal, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Firms should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to proposers.

Legal Business Name (If your company is an LLC, you must identify all principals to include addresses and phone numbers in your submittal)

Address

Does your company currently have a location within Gwinnett County? Yes No

Representative Signature

Print Authorized Representative's Name

Telephone Number Fax Number http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/

RP047-24 Page 14

INSURANCE REQUIREMENTS

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $100,000 each employee

2. Commercial General Liability Insurance

(a) $1,000,000 limit of liability per occurrence for bodily injury and property damage

(b) The following additional coverage must apply:

1986 (or later) ISO Commercial General Liability Form Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04) Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations) Blanket Contractual Liability Broad Form Property Damage Severability of Interest Underground, explosion, and collapse coverage Personal Injury (deleting both contractual and employee exclusions) Incidental Medical Malpractice Hostile Fire Pollution Wording

3. Auto Liability Insurance

(a) $500,000 limit of liability per occurrence for bodily injury and property damage

(b) Comprehensive form covering all owned, nonowned, leased, hired, and borrowed vehicles

(c) Additional Insured Endorsement

(d) Contractual Liability

4. Professional Liability Insurance - $1,000,000 (project specific for the Gwinnett County project) limit of liability per claim/aggregate or a limit of $1,000,000 per occurrence and $2,000,000 aggregate or a claim/aggregate limit of $3,000,000 per occurrence and $3,000,000 aggregate.

Insurance company must be authorized to do business in the State of Georgia.

Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04 or some other form)

5. Cyber Liability Insurance

(a) $3,000,000 Limit for Network Security or Privacy Liability

(b) $3,000,000 Limit for Data Recovery

5. Gwinnett County Board of Commissioners should be shown as an additional insured on General Liability and Auto

Liability policies.

6. The cancellation should provide 10 days notice for nonpayment and 30 days notice of cancellation.

7. Certificate Holder should read:

Gwinnett County Board of Commissioners 75 Langley Drive Lawrenceville, GA 30046-6935

8. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher.

Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-5 or better.

9. Insurance Company should be licensed to do business by the Georgia Department of Insurance.

*See above note regarding Professional Liability

RP047-24 Page 15

10. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project name and project/bid number.

11. The Contractor shall agree to provide complete certified copies of current insurance policy (ies) or a certified letter from the insurance company (ies) if requested by the County to verify the compliance with these insurance requirements.

12. All insurance coverages required to be provided by the Contractor will be primary over any insurance program carried by the County.

13. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier, and shall require each and every Subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense.

14. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Gwinnett County as to form and content has been filed with Gwinnett County. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

15. The Contractor shall agree to waive all rights of subrogation against the County, the Board of Commissioners, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the County.

16. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents required to perform the services called for in the Contract. The coverage must be on a replacement cost basis. The County will be included as a Loss Payee in this coverage for County owned equipment, tools, supplies, and contents.

17. The Contractor shall make available to the County, through its records or records of their insurer, information regarding a specific claim related to any County project. Any loss run information available from the contractor or their insurer relating to a County project will be made available to the county upon their request.

18. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all Subcontractors of their liability provisions of the Contract.

19. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public

Law 91-956, and any other laws that may apply to this Contract.

20. The Contractor shall at a minimum apply risk management practices accepted by the contractors’ industry.

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GENERAL CONDITIONS

To Service Provider AGREEMENT

Article

1 Definitions

2 Contract Documents

3 Changes and Extra Work

4 Personnel and Equipment

5 Accuracy of Work

6 Findings Confidential

7 Termination of Agreement for Cause

8 Termination for Convenience of the COUNTY

9 SERVICE PROVIDER to Cooperate with other SERVICE PROVIDERS

10 Indemnification

11 Covenant Against Contingent Fees

12 Insurance

13 Prohibited Interests

14 Subcontracting

15 Assignability

16 Equal Employment Opportunity

17 Anti-Kickback Clause

18 Audits and Inspectors

19 Ownership, Publication, Reproduction and Use

20 Verbal Agreement or Conversation

21 Independent Service provider

22 Notices

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1 DEFINITIONS

Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings:

1.1 COUNTY-means Gwinnett County, Georgia, a political subdivision of the State of Georgia.

1.2 SUPPLEMENTAL AGREEMENT-means a written order to SERVICE PROVIDER signed by COUNTY and accepted by SERVICE PROVIDER, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement.

1.3 CONTRACT-means the Agreement Documents specifically identified and incorporated herein by reference in Section 2, CONTRACT DOCUMENTS.

1.4 AGREEMENT EXECUTION-means the date on which SERVICE PROVIDER executes and enters into an Agreement with the COUNTY to perform the Work.

1.5 AGREEMENT PRICE-means the total monies, adjusted in accordance with any provision herein, payable to the SERVICE PROVIDER under this Agreement.

1.6 CONTRACT TIME-means the period of time stated in this Agreement for the completion of the Work.

1.7 SERVICE PROVIDER-means the party or parties contracting directly with the COUNTY to perform Work pursuant to this Agreement.

1.8 DEPARTMENT- means the Director or designee of requesting department(s) named in this solicitation.

1.9 DRAWINGS-means collectively, all the drawings, receipt of which is acknowledged by the

COUNTY, listed in this Agreement, and also such supplementary drawings as the SERVICE PROVIDER may issue from time to time in order to clarify or explain such drawing or to show details which are not shown thereon.

1.10 SPECIFICATIONS-means the written technical provisions including all appendices thereto, both general and specific, which form a part of the Agreement Documents.

1.11 SUBSERVICE PROVIDER-means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with SERVICE PROVIDER or with any of its subservice providers at any tier to provide a part of the Work called for by this Agreement.

1.12 WORK-means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by SERVICE PROVIDER under this Agreement.

1.13 LIAISON-Representative of the COUNTY who shall act as Liaison between the County and the

SERVICE PROVIDER for all matters pertaining to this Agreement, including review of SERVICE PROVIDER'S plans and work.

2 CONTRACT DOCUMENTS

2.1 LIST OF DOCUMENTS

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The Agreement, any required bonds, the General Conditions, the Appendices, the Detailed Scope of Work, the Specifications, the Drawings, the Exhibits, and all Agreement Supplemental Agreements shall constitute the Agreement Documents.

2.2 CONFLICT AND PRECEDENCE

2.2.1 The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order:

1. Supplemental Agreements

2. Agreement

3. General Conditions

4. Detailed Scope of Work

5. Specifications

6. Drawings

3 CHANGES AND EXTRA WORK

The COUNTY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the SERVICE PROVIDER'S compensation, which are mutually agreed upon by and between the COUNTY and the SERVICE PROVIDER, shall be incorporated in written Supplemental Agreements to the Agreement.

4 PERSONNEL AND EQUIPMENT

The SERVICE PROVIDER represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the COUNTY. Primary liaison with the COUNTY will be through its designee. All of the services required hereunder will be performed by the SERVICE PROVIDER under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services.

The SERVICE PROVIDER shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work; and further shall employ only qualified surveyors in responsible charge of any survey work.

The SERVICE PROVIDER shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration, being in the full employ of the SERVICE PROVIDER and responsible for the work prescribed by this Agreement.

5 ACCURACY OF WORK

The SERVICE PROVIDER shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensations.

Acceptance of the work by the COUNTY will not relieve the SERVICE PROVIDER of the responsibility for subsequent correction of any errors and the clarification of any ambiguities.

6 FINDINGS CONFIDENTIAL

The SERVICE PROVIDER agrees that its conclusions and any reports are for the confidential information of the COUNTY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the COUNTY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, reports, maps, data and studies prepared by the SERVICE PROVIDER pursuant thereto shall become the property of the COUNTY and be delivered to the DEPARTMENT.

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Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the COUNTY.

It is further agreed that if any information concerning the PROJECT, its conduct, results, or data gathered or processed should be released by the SERVICE PROVIDER without prior approval from the COUNTY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the SERVICE PROVIDER, but should any such information be released by the COUNTY or by the SERVICE PROVIDER with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement.

7 TERMINATION OF AGREEMENT FOR CAUSE

If through any cause the SERVICE PROVIDER shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the SERVICE PROVIDER shall violate any of the covenants, agreements or stipulations of this Agreement, the COUNTY shall thereupon have the right to terminate this Agreement by giving written notice to the SERVICE PROVIDER of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid scheduler without prior approval of the COUNTY shall constitute cause for termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the SERVICE PROVIDER under this Agreement shall become the property of the COUNTY, and the SERVICE PROVIDER shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as determined by the COUNTY.

8 TERMINATION FOR CONVENIENCE OF THE COUNTY

The COUNTY may terminate this Agreement for its convenience at any time upon 30 days notice in writing to the SERVICE PROVIDER. If the Agreement is terminated by the COUNTY as provided in this Article 8, the SERVICE PROVIDER will be paid compensation for those services actually performed. Partially completed tasks will be compensated for based on a signed statement of completion to be submitted by the SERVICE PROVIDER which shall itemize each task element and briefly state what work has been completed and what work remains to be done.

All such expenses shall be properly documented and submitted to the COUNTY for processing and payment.

The County shall be the final authority in the event of any disputes over authorized costs between the COUNTY and the Service Provider.

9 SERVICE PROVIDERS TO COOPERATE WITH OTHER SERVICE PROVIDERS

If the COUNTY undertakes or awards other contracts for additional related work, the SERVICE PROVIDER shall fully cooperate with such other SERVICE PROVIDERS and the COUNTY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the COUNTY. The SERVICE PROVIDER shall not commit or permit any act which will interfere with the performance of work by any other SERVICE PROVIDER or COUNTY employees.

10 INDEMNIFICATION

SERVICE PROVIDER agrees to protect, defend, indemnify, and hold harmless the COUNTY, its commissioners, officers, agents and employees from and against any and all liability, damages, claims, suits, liens, and judgments, for whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons to the extent arising out of and attributed to the negligent acts, errors or omissions of the SERVICE PROVIDER.

SERVICE PROVIDER'S obligation to protect, defend, indemnify, and hold harmless, as set forth herein above shall include any matter arising out of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations.

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SERVICE PROVIDER further agrees to protect, defend, indemnify, and hold harmless the COUNTY, its commissioners, officers, agents, and employees from and against any and all claims or liability for compensation under the Worker's Compensation Act arising out of injuries sustained by any employee of the

SERVICE PROVIDER.

11 COVENANT AGAINST CONTINGENT FEES

The SERVICE PROVIDER warrants that no person or selling agency has been employed or retained to…